HomeMy WebLinkAboutContract 59082City Secretary Contract No. 59082
FORT WO RT H 0)
4*
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation and J-QUAD
Planning Group, LLC, ("Vendor"), a State Registered Domestic Limited Liability Company, each
individually referred to as a "party" and collectively referred to as the "parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Vendor Services Agreement;
2. Exhibit A — Scope of Services;
3. Exhibit B — Deliverables and Price Schedule; and
4. Exhibit C — Verification of Signature Authority Form.
Exhibits A, B and C, which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and
the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement
shall control.
1. Scope of Services. Vendor will develop the City's 2023-2027 Consolidated Plan
(ConPlan), including the 2023-2024 Annual Action Plan (AAP), and Analysis of Impediments (AI) to Fair
Housing Choice.. Exhibit "A," - Scope of Services more specifically describes the services to be provided
hereunder.
2. Term. This initial term of this Agreement is for one (1) year, beginning on the date that
the Agreement is executed by the City's Assistant Manager ("Effective Date"), unless terminated earlier in
accordance with this Agreement ("Initial Term").
3. Compensation. City shall pay Vendor an amount not to exceed One Hundred Thirty
Thousand and Fifty Dollars ($130,050.00) in accordance with the provisions of this Agreement and Exhibit
"B," Payment Schedule, which is attached hereto and incorporated herein for all purposes. Vendor shall not
perform any additional services for the City not specified by this Agreement unless the City requests and
approves in writing the additional costs for such services. City shall not be liable for any additional expenses
of Vendor not specified by this Agreement unless City first approves such expenses in writing. City agrees
to pay all invoices of Vendor within thirty (30) days of receipt of such invoice.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
Vendor Services Agreement Page 1 of 14
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City Secretary Contract No. 59082
4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to
the effective date of termination and Vendor shall continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor shall provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor shall return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has
made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's
services under this Agreement. In the event that any conflicts of interest arise after the Effective
Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in
writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by City ("City Information") as confidential
and shall not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.3 Unauthorized Access. Vendor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor shall notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and shall fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during
Vendor Services Agreement Page 2 of 14
59082
City Secretary Contract No.
normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this section. City shall give
Vendor reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor shall operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors and subVendors. Vendor acknowledges that the doctrine of respondeat superior shall
not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, Vendors and subVendors. Vendor further agrees that nothing herein shall be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City shall in no way be considered a Co -employer or a Joint employer of Vendor or any
officers, agents, servants, employees or subVendor of Vendor. Neither Vendor, nor any officers, agents,
servants, employees or subVendor of Vendor shall be entitled to any employment benefits from City.
Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself,
and any of its officers, agents, servants, employees or subVendor.
Liability and Indemnification.
8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS
OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay shall not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
Vendor Services Agreement Page 3 of 14
City Secretary Contract No.
59082
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City shall have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor shall fully participate and
cooperate with City in defense of such claim or action. City agrees to give Vendor timely
written notice of any such claim or action, with copies of all papers City may receive relating
thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses
shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined
or restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non -infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivalent non -infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
Assignment and Subcontracting.
9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement
prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a
written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor shall provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor shall provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Vendor Services Agreement Page 4 of 14
59082
City Secretary Contract No.
Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle" shall be any vehicle owned, hired and non -owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
Employers' liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily hijury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims -made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance shall be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The term
City shall include its employees, officers, officials, agents, and volunteers in
respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage shall be provided to City. Ten (10) days' notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
Vendor Services Agreement Page 5 of 14
City Secretary Contract No. 59082
(e) Any failure on the part of City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist
from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subVendors and successors in interest, as part of the consideration herein, agrees that in the performance
of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of
any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM
AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN
INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND
DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817)392-8654
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
J-QUAD Planning Group, LLC
James Giilleylen, President
6010 West Spring Parkway
Plano, Texas 75024
Phone: 214-533-9028
Email Address: gilleylenj@iguad.com
14. Solicitation of Employees. Neither City nor Vendor shall, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
Vendor Services Agreement Page 6 of 14
9082
City Secretary Contract No. -
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law / Venue. This Agreement shall be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
19. Force Maieure. City and Vendor shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
proposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the
scope of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the
entire understanding and agreement between City and Vendor, their assigns and successors in interest, as
to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared
null and void to the extent in conflict with any provision of this Agreement.
24. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute
one and the same instrument.
25. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor shall either (a) use commercially reasonable efforts to re -perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
Vendor Services Agreement Page 7 of 14
City Secretary Contract No.59082
26. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this
Agreement for violations of this provision by Vendor.
27. Ownership of Work Product. City shall be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work -made -
for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
28. Signature Authority. The person signing this Agreement hereby warrants that he/she has
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose
name, title and signature is affixed on the Verification of Signature Authority Form, which is attached
hereto as Exhibit "C". Each party is fully entitled to rely on these warranties and representations in entering
into this Agreement or any amendment hereto.
29. Change in Company Name or Ownership. Vendor shall notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
30. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" shall have the meanings ascribed to those terns in Section 808.001 of the Texas
Government Code. By signing this contract, Vendor certifies that Vendor's signature provides written
Vendor Services Agreement Page 8 of 14
City Secretary Contract No. 59082
verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract.
31. Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance
with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2),
the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or
more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more
full-time employees) unless the contract contains a written verification from the company that it: (1) does
not boycott energy companies; and (2) will not boycott energy companies during the term of the
contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Vendor certifies that Vendor's signature provides written verification to the City that
Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the
term of this Agreement.
32. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added
by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods
or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of
the City, with a company (with 10 or more full-time employees) unless the contract contains a written
verification from the company that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the
term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm
entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the
Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that
Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)
does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
(signature page follotivs)
Vendor Services Agreement Page 9 of 14
59082
ACCEPTED AND AGREED:
City:
By: T"-r4Cd
Name: Fernando Costa
Title: Assistant City Manager
Date: Mar 16, 2023
City Secretary Contract No.
Vendor:
By:O
Name: James Gilleylen
Title: President, J-QUAD Planning Group, LLC
Date: Mar % 2023
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By: v
Name: Victor Turner_
Title: Neighborhood Services Director
Approved as to Form and Legality:
By:
Name: Jessika Williams
Title: Assistant City Attorney
Contract Authorization:
M&C: 23-0107
Form 1295:2023-971921
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By:
Name:
Title:
-/&Vonce d '
Terrance Jones
Neighborhood Services Manager
City Secretary:
By:
Name:
Title:
Jeannette S. Goodall
City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Vendor Services Agreement Page 10 of 14
EXHIBIT A
SCOPE OF SERVICES
Vendor will develop the City's 2023-2027 Consolidated Plan (ConPlan), including the 2023-2024 Annual
Action Plan (AAP), and Analysis of Impediments (AI) to Fair Housing Choice. The 2023-2027 ConPlan
will assess community and affordable housing needs and set strategic priorities and goals for use of federal
grant funds from the United States Department of Housing and Urban Development (HUD) for a five-year
period. These priorities and goals will be addressed with Annual Action Plans that summarize the major
housing and community development activities and proposed expenditures for each of the five years. The
ConPlan will collect and analyze data to assess Fort Worth's affordable housing and community
development needs and market conditions. The ConPlan will recommend data -drive, place -based
investments that will enhance City neighborhoods and create a better quality of life for residents.
Component 1 - Citizen Participation Plan
• Community Engagement
• Strategic Planning Session
• Interviews and Focus Group Sessions
• Resulting Product
Component 2 - 2023-2027 Consolidated Plan/2023 Annual Plan
• Housing Market Analysis and Housing and Homeless Needs Assessment
• Consolidated Housing & Community Development 5-Year Strategy
• Program Year 2023 Annual Action Plan
• Performance Management
Component 3 - Community Engagement
• Community Outreach and Engagement
• Identification of Stakeholders
• Development of Public Relations Campaign
• Strategic Planning Sessions
• Survey Deployment
• Assessment Development
Calendar
Kickoff Meetings Activities Draff Plans -Briefings Final Report - Public Hearings
February - April
May - June
June - July
• Council Members
• Advisory
• Final Report Consolidated
Committees
Plan and Annual Plan.
• Council Districts
• Final Report of Assessment
• Strategic Planning -
• Draft Plan
of Fair Housing
SWOT Analysis Sessions
Presentations
. Public Hearings
• Outreach Special
• 30 Day Comment
• IDIS Con Plan and Annual
Populations
Period
Plan Submission to HUD
• Assessment of Fair Housing
• Special Events
p
submission to HUD
• Podcast, Social Media
• Presentations, Surveys
Vendor Services Agreement Page 11 of 14
EXHIBIT B
DELIVERABLES AND PRICE SCHEDULE
Vendor will submit an invoice by the 15°i of each month for completed task only. Each invoice will need
to include a description of services provided, the number of hours spent on each task, the per hour rate for
each task and a cumulative total for all task completed.
JQUAD's proposed cost is $130,050 —1530 Hours @ Hourly rate of $85.
Task 1: Data Collection and Project Initial,
Hours / Cost Milestones /
Analysis, Community Engagement
Dellverables
Task 1.1: Project Initiation, Data Collection,
200 / $17,000 Data Analysis
Research and Design
And Research
Task 1.2: Housing Needs and Market
325 / $27,625 Housing Needs and
Analysis, Housing Conditions, Infrastructure
Market Analysis
Task 1.3: Community Engagement and
295 / $25,075 Community
Strategic Planning— Public Participation
Engagement
/ Stakeholder Presentations, Interim Report
and Findings
Task 1: Total Hours / Cost
820/ $69,700 Phase 1 Community
Interim Report— Public Engagement /Data
Engagement, Data
Collection and Analysis
Collection / Analysis
Task 2: Needs Assessment, Housing Market
Hours / Costs Phase 2 Draft Needs
and Gap Analysis, Policy and Regulatory,
Assessment, Gap
Analysis, Projections
HMDA Analysis, Social Equity, Barriers,
Projection of Growth and Housing Needs
Task 2.1: Needs Assessment, Housing
120 / $10,200 Housing Market
Market and Gap Analysis
Gap Analysis
Task 2.2: Analysis of Public Policy, R/ECAP
120 / $10,200 Analysis — Barriers,
Assessment, Impediment to Housing and
Impediments,
Social Equity, Barriers to Affordable Housing
Policy, Equity,
Affordability
Task 2.3: Policy and Regulatory
20 / $1,700 Recommended
Recommendations
Policies - Regulations
Task 2.4 Home Mortgage Disclosure Act
50 / $4,250 financing -
Analysis
affordability
Task 2.5: Balanced Housing Model - Housing
155 / $13,175 Housing Needs,
Needs Projections, Infrastructure, and other
Housing Type
needs In support of projected growth
Priorities / Projections
Task 2.6: Recommended Strategies and
50/ $4,250 Strategies and
Opportunities, Financing and Resources
Opportunity
Needed, Policy and Regulatory Changes
Recommendation
Task 2: Total Hours / Cost
515 / $43,775 Phase 2 Interim
Interim Report - Housing Market —Gap
Report, Analysis, and
Analysis, Housing Projections
Recommendations
Task 3: Total Hours / Cost
50 / $4,250 Phase 3 Analysis,
Community Engagement Report, Draft
Recommendations
Consolidated Plan, Annual Plan, AFH
and Draft Report
Task 4: Final Report: Total Hours / Cost
100/ $8,500 Phase 4 Final Report
Consolidated Plan, Annual Plan, AFH
and Presentations
Task 5: Public Hearings: Total Hours / Cost
45 / $3,825 Phase 5 Final Report
and Final Presentations / CDAC / City
and Public Hearings
Council, IDIS HUD Submission
Project Completion: Total Hours / Cost
1530/ $130,050 IDIS HUD Submission
Vendor Services Agreement Page 12 of 14
Note: Labor, Travel and Project Overhead Included in the $85.00 Hourly Rate and cost of $130,050.
Cost Table does not include printing and other delivery cost not identified in the cost table.
James Gilleylen
President
Vendor Services Agreement Page 13 of 14
City Secretary Contract No. 59082
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
J-QUAD PLANNING GROUP, LLC
JAMES GILLEYLEN, PRESIDENT
6010 WEST SPRING PARKWAY
PLANO, TEXAS 75024
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any agreement,
amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order,
resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor
will submit an updated Form within ten (10) business days if there are any changes to the signatory
authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been
properly executed by Vendor.
Name: .lames Gilleylen
Position: President
Signature
Name:
Position:
Signature
Name:
Position:
Name: James Gilleylen
Signature of President / CEO
Other Title:
Date: Mar 9, 2023
Vendor Services Agreement Page 14 of 14
M&C Review
Page 1 of 3
CITY COUNCIL AGENDA
Official site of the City of Fort Worth, Texas
FORT R-
Create New From This M&C
[- _ -
REFERENCE **M&C 23- 19CONSOLIDATED PLAN
DATE: 2/14/2023 NO.: 0107 LOG NAME: CONSULTANT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of a Professional Services Agreement with J-Quad Planning
Group, LLC in an Amount Not to Exceed $130,050.00 for Consultant Services Related to
the Development of the 2023-2027 Consolidated Action Plan and the 2023-2024 Annual
Action Plan for Submission to the United States Department of Housing and Urban
Development
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a professional services agreement
with J-Quad Planning Group, LLC in an amount not to exceed $130,050.00 for consultant services
related to the development of the City's 2023-2027 Consolidated Plan, including the 2023-2024
Annual Action Plan, for submission to the United States Department of Housing and Urban
Development.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a
professional services agreement with J-Quad Planning Group, LLC to develop the City's 2023-2027
Consolidated Plan (ConPlan), including the 2023-2024 Annual Action Plan (AAP), and Analysis of
Impediments (AI) to Fair Housing Choice. The 2023-2027 ConPlan will assess community and
affordable housing needs and set strategic priorities and goals for use of federal grant funds from the
United States Department of Housing and Urban Development (HUD) for a five-year period. These
priorities and goals will be addressed with Annual Action Plans that summarize the major housing and
community development activities and proposed expenditures for each of the five years. The ConPlan
will collect and analyze data to assess Fort Worth's affordable housing and community development
needs and market conditions. The ConPlan will recommend data -driven, place -based investments that
will enhance City neighborhoods and create a better quality of life for residents.
Providing an Analysis of Impediments to Fair Housing Choice is a process that recipients of grant
funds from HUD undertake as part of their obligation to affirmatively further fair housing (AFFH) under
the Fair Housing Act. This includes taking proactive steps to overcome housing discrimination and
segregation. The Al identifies fair housing issues in Fort Worth and the surrounding areas, contributing
factors to issues, and outlines goals and strategies to address issues. The fair housing analysis in the
Al focuses on patterns of integration and segregation, racially and ethnically concentrated areas of
poverty, disparities in access to opportunity, and disproportionate housing needs. Other components
of the Al examine publicly supported housing, disability and access, fair housing enforcement, and
demographics.
Background
The Neighborhood Services Department (NSD), in an effort to efficiently utilize current staff and
provide a more strategic planning process, opted to select a consultant to assist with the development
of the ConPlan. In November, 2022, NSD issued a Request for Qualifications (RFQ) requesting
Statement of Qualifications from a multidisciplinary team with expertise in the areas of neighborhood
and community planning, community development, housing, community engagement, and use of
federal HUD block grant funds for neighborhood improvement. This would include an ambitious effort
to deeply engage residents, property owners, community leaders, organizations, City departments
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30733&councildate=2/14/2O23 3/21/2023
M&C Review
Page 3 of 3
TO
Fund Department Account Project Program Activity Budget I Reference # I Amount
ID I ID I I Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID I ID Year Chartfield 2
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Victor Turner (8187)
Terrance Jones (7563)
Sharon Burkley (5785)
ATTACHMENTS
19CONSOLIDATED PLAN CONSULTANT funds availability.pdf (CFW Internal)
Consolidated Plan Cost Table.pdf (Public)
Consolidated Plan Development Process 011123.pdf (Public)
J-QUAD Planning Group, LLC SAM Search.jpq (CFW Internal)
JQUAD PLANNING GROUP, LLC FORM 1295 Texas Ethics Commission.pdf (CFW Internal)
JQuad FID Table and Available Funds.xlsx (CFW Internal)
SOS Business Entity Search J-QUAD.pdf (Public)
Signature:
Email: josie.hogue@fortworthtexas.gov
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30733&councildate=2/14/2O23 3/21/2023